An order conditionally granting habeas relief to a defendant convicted of rape and related crimes and sentenced to an indeterminate sentence with a minimum term of thirty years and a maximum term of life is reversed as the sentence does not violate Blakely because the judicial fact-finding at issue merely increased his minimum sentence without affecting his maximum term of imprisonment, and thus, defendant’s sentence does not violate the Sixth Amendment.
Read Arias v. Hudson, No. 08-4513
Appellate Information
Argued: October 6, 2009
Decided and Filed: December 16, 2009
Judges
Opinion by Circuit Judge Sutton
Counsel
For Appellant: Thelma T. Price, Office of the Ohio Attorney General
For Appellee: Kristopher A. Haines, Ohio’s Public Defender’s Office
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